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Evidence System In The Han Dynasty

Posted on:2015-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:P S WangFull Text:PDF
GTID:2296330422977283Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
On the evidence system, the Han Dynasty has formed the basic framework ofthe ancient Chinese system of evidence is evidence that the ancient Chinese systemof establishment and development period.From the evidence of the kind of view, the ancient Chinese justice by the use oftypes of evidence have emerged in the Han Dynasty. In the Han Dynasty, testimonialevidence, documentary evidence and physical evidence have been using, theevidence is more variety in the types of paper can only be seen in the use of morehistorical data for analysis.From the evidence gathered to see the Han Dynasty judicial officials mainlyobtained from interrogation, torture, and the investigation of the three links. At thetrial, law officials will use analogy, repeated questioning and other methods tocollect evidence; torture have legal and illegal ways of points, both of which aregathering evidence; evidence collected in the investigation stage of the investigationhas disclosed, there are also secret.From the evidence review see Han judicial officials who inherits the advancedexperience of the previous generation, but also a creative development, whileexploring a number of control methods perjury. Evidence of discrimination, the Hanjudicial practice of evidence based primarily on determining the effectiveness of thespecific merits, effectiveness Overall testimonial evidence and documentaryevidence of the effectiveness of inferior material evidence.Han Dynasty in ancientChina, the formation and development of evidence system important stage.Han Dynasty formed the basic principles of the use of some evidence, such asthe principle of presumption of guilt, with the first kiss was hiding principles, etc.,laid the foundation for the later development of evidence and legal systems.Meanwhile, the Han evidence system has its own characteristics, mainly in the lackof legal evidence, the objectivity of evidence, confessions attention, Criminal andCivil Evidence institutional differences and other aspects. Understand and study theevidence system of the Han Dynasty, the grasp of the formation and development ofancient Chinese social context evidence system is helpful, but also beneficial tobreak the current evidence system in some problems.
Keywords/Search Tags:Evidence System, perjury, evidence collection, evidence review, evidence types
PDF Full Text Request
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